Mellish LJ said: ‘It is perfectly true that the lessee is ‘to hold and enjoy without any suit, let or hindrance.’ But what is he to hold and enjoy? ‘The premises’. What are the premises? The things previously demised and granted. The covenant does not enlarge what is previously granted, but an additional remedy is given, namely, an action for damages if the lessee cannot get, or is deprived of that which has been previously professed to be granted. Nothing, I apprehend, can be plainer than that at law it would not, in the least degree, enlarge what was granted.’
Citations:
(1874) 9 Ch App 463
Jurisdiction:
England and Wales
Cited by:
Cited – Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council HL 21-Oct-1999
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements.
Held: A landlord’s duty to allow quiet enjoyment does not extend to a . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 15 May 2022; Ref: scu.442754